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NY K80911





January 15, 2004
CLA-2-61:RR:NC:TA:N3:356 K80911

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0027; 6110.20.2065

Mr. Thomas Claypool
Cosmopolitan Clothing, Inc.
800 Hampton Drive, Suite A
Venice, CA 90291

RE: The tariff classification of men’s knit pullover garments from India.

Dear Mr. Claypool:

In your letter dated December 15, 2003, you requested a tariff classification ruling. As requested, your samples will be returned.

Style PM-1 is a men’s pullover garment constructed from 100 percent cotton, jersey knit fabric that measures 32 stitches per two centimeters counted in the horizontal direction. Style PM-1 is sleeveless and features a rib knit crew neckline; screen printing on the front and back panels; hemmed armholes; and a straight, hemmed bottom.

Style PM-2 is a men’s garment constructed from 100 percent cotton, jersey knit fabric that measures 32 stitches per two centimeters counted in the horizontal direction. Style PM-2 features a rib knit crew neckline; short, hemmed, raglan sleeves; screen printing on the front and back panels and on the right sleeve; and a straight, hemmed bottom.

Style PM-4 is a men’s pullover garment constructed from 100 percent cotton, jersey knit fabric that measures 30 stitches per two centimeters counted in the horizontal direction. Style PM-4 features a rib knit crew neckline; long, hemmed, pieced sleeves with piping; screen printing on the left chest and the back panel; and a straight, hemmed bottom.

The applicable subheading for Styles PM-1 and PM-4 will be 6110.20.2065, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys'. The rate of duty is 16.5 percent ad valorem.

The applicable subheading for Style PM-2 will be 6109.10.0027, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: men’s or boys’: other: other. The duty rate will be 16.5 percent ad valorem.

Styles PM-1, PM-2 and PM-4 fall within textile category designation 338. Based upon international textile trade agreements, products of India are subject to visa requirements and quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski, Director,
National Commodity Specialist Division


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